STATE DELHI ADMINISTRATION Vs. PAWAN KUMAR

JUDGEMENT

(1.) This acquittal appeal has been preferred by State against the judgment dated 4.7.1981, giving benefit of doubt to both the accused persons and acquitting them for an alleged offence under section 302/34 IPC.

(2.) We have heard Shri Ravinder Chadha, learned Additional Public Prosecutor for the State and Ms. Asha Tiwari, Advocate, learned counsel for the respondents and have gone though the record.

(3.) Brief facts of the case are that on 25.6.1980 at 9.05 p.m. Balbir Kumar reported at police station Original Road, Delhi that his younger brother Prem Kumar had been stabbed with a knife by some unknown person and was lying in a pool of blood at the spot. Copy of the DD entry was handed over to SI Khem Chand for necessary action, who reached JPN Hospital and recorded the statement of Sushil Kumar, another brother of injured Prem Kumar. Sushil Kumar stated that after closing his shop he was going to Joshi Road for purchasing a betal (Paan) at about 8:45 pm when he heard screams of his brother Prem Kumar. He rushed to the spot and saw that accused Soma had caught hold of his brother while Soma's brother accused Pawan Kumar was inflicting knife injuries. On his intervention Soma, who was also having a knife, gave a knife blow in the abdomen of Prem Kumar and then both fled away. Many other persons including Chander Mohan had seen the occurrence. PCR van had arrived. He seated his brother in the PCR van and got him admitted to J.P.N. Hospital. On this statement FIR was registered and the investigation commenced. On the same night both the accused persons' were found standing at the corner of Rohtak Road and were arrested at 2:30 am i.e. on the night between 25/26.6.1980. Personal search memo (Ex.PW-2/C) is of Pawan Kumar and personal search memo (Ex.PW2/D) is of Som Nath @ Soma. However, blood stained clothes of accused Pawan Kumar and accused Som Nath were taken into possession after two days on 28.6.1980 vide memo Ex.PW2/F and memo Ex. PW2/G respectively. The weapons of offence could not be recovered.